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MATTER OF MILLER v. ANNUCCI

518970.

131 A.D.3d 1304 (2015)

16 N.Y.S.3d 348

2015 NY Slip Op 06840

In the Matter of KURT MILLER, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 17, 2015.

A routine search of petitioner's prison cell disclosed numerous items, including a piece of paper containing credit card information belonging to another person, 63½ black pills that tested positive for amphetamines using a narcotics identification kit (see 7 NYCRR 1010.4 [e]) and 6½ white pills that were never identified. Petitioner was charged in a misbehavior report with possession of credit card information, possession of drugs (for the black pills),...

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